Prosecutors get a turn at defendants pleading for mercy, court rules (no more right of allocution)

[Newsjock]

Source: San Francisco Chronicle

SAN FRANCISCO -- A criminal defendant's right to address the judge before sentencing and plead for mercy without being cross-examined, a right traced back to 17th century England, doesn't exist in California, the state Supreme Court ruled today.

In a case from San Mateo County, the justices ruled unanimously that a defendant who is about to be sentenced must be treated like any other witness - testifying under oath and subject to cross-examination by the prosecutor - when asking for leniency.

The ruling upheld a five-year prison sentence for Blaine Allen Evans, who was convicted in 2004 of receiving stolen property - a drill that had been taken from a van in Belmont.

... The court said the right of allocution dates back to 17th century English law, when most felonies were punished by death and defendants had no right to testify or be represented by a lawyer. English and U.S. courts adopted the practice for non-capital as well as capital cases by the 19th century, allowing defendants to approach the bench before sentencing and argue for leniency without being subject to questioning by the prosecutor.


Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/07/24/BA5511V00L.DTL

[norepubsin08]

1. That's bullshit...

the Court and all it's resources is stacked against the common criminal in a such a way that they usually don't have a chance...

[saigon68]

2. Especially if they are Black or Brown

The prevailing attitude of the ruling class is that people with these traits are mostly sub-humanoid animals related to the lower orders of life.

The attitude of these privileged few is basically "Fuck them",kill them or boat their ass back to afrika

[jayfish]

3. Does That Apply To Victim Statements Before Sentencing Too? -NT-

Jay

[Occulus]

5. Grain for the goose...

I should bloody well HOPE it would apply to all parties!

But, sadly, no, I'm doubting not.

(I was recently told by a local drug enforcement agent that, no, I do NOT have the right to confront my accuser. This was after asserting my rights under both the Fourth and the Sixth.

It is now my opinion that Silent Observer and the like have another, more subversive function- to effectively nullify the Sixth.)

[WhiteTara]

4. wow

that is stunning